Article 27 - Evidence in General
Unless the parties have agreed otherwise, the arbitral tribunal shall be
free to determine the admissibility, relevance, materiality and weight
of evidence as well as the allocation of the burden of proof.
Article 28 - Production of Documents
1. Except as otherwise agreed by the parties, the memorials mentioned in
Article 24 shall be accompanied by, to as large an extent as possible,
the documentary evidence relied on by the parties.
2. The arbitral tribunal shall have the power to order the production of
specific documents which it deems relevant to the dispute.
Article 29 - Witnesses
1. The arbitral tribunal shall determine the day, time and place of the
examination of witnesses, as well as the manner in which the examination
shall proceed unless the parties agreed to a manner of examination. The
parties shall be notified in writing in a timely manner of this day,
time and place.
2. A party who wishes to have a witness examined shall notify the
arbitral tribunal and the other party in a timely manner of the witness'
name and the subject matters of the witness' testimony.
3. The arbitral tribunal shall decide whether a witness shall be
examined under oath or on affirmation.
4. The arbitral tribunal shall decide whether, and in what form, the
examination shall be recorded.
5. If the arbitral tribunal is composed of more than one arbitrator, it
shall be authorized in special circumstances to designate one of its
members to examine witnesses. In such case a written report of the
examination of the witnesses shall be made.
Article 30 - Experts (Party-Appointed)
A party shall be free to submit the opinion of an expert consulted by
him. At the request of either party or when the arbitral tribunal so
determines, this expert shall be called at a hearing to provide further
explanation.
Article 31 - Experts (Tribunal-Appointed)
1. The arbitral tribunal may appoint one or more experts to give advice.
The arbitral tribunal may consult the parties as to the terms of
reference for the expert.
2. The arbitral tribunal shall promptly communicate to the parties a
copy of the appointment and the terms of reference of the expert.
3. If a party fails to provide an expert with the information required
by him or fails to give him the necessary cooperation, the expert may
request the arbitral tribunal to order that party to do so.
4. Promptly upon receipt of the expert's report, the arbitral tribunal
shall communicate a copy of this report to the parties.
5. The parties shall be given an opportunity to comment in writing on
the expert's report within a period of time set by the arbitral
tribunal.
6. A party may request the arbitral tribunal to examine the expert at a
hearing. If a party wishes to make such request, he shall so inform the
arbitral tribunal and the other party promptly upon receipt of the
expert's report. The arbitral tribunal shall give each party, so if
requested, an opportunity of presenting his own experts at the same
hearing.
7. The arbitral tribunal shall not be obligated to follow the expert's
advice if it is not in conformity with its own convictions.
Article 32 - Site Inspection
If the arbitral tribunal deems it appropriate, it may order a site
inspection. The parties shall be given the opportunity to be present at
the inspection.
Article 33 - Order for Appearance in Person of Parties
At any stage of the proceedings the arbitral tribunal may order the
parties to appear in person for the purpose of providing information or
attempting to arrive at a settlement.
Article 34 - Amendment of Claim
1. A party may amend or increase a claim or counterclaim, as the case
may be, at the latest at the beginning of the final hearing or, in the
absence of a hearing, at the latest in the final memorial admitted by
the arbitral tribunal. Thereafter, such shall no longer be allowed
except in exceptional circumstances as determined by the arbitral
tribunal. A party may at all times decrease his claim or counterclaim,
as the case may be.
2. The other party may object to an amendment or increase if this
unreasonably hinders his defence, or if this causes unreasonable delay
of the proceedings. The arbitral tribunal shall hear the parties and
promptly decide on the objections raised by the other party.
3. In case of default of a party as provided in Article 36, the arbitral
tribunal shall give in writing the defaulting party an opportunity to
comment on the amendment or increase.
Article 35 - Withdrawal of Request for Arbitration
1. The claimant may withdraw his request for arbitration so long as the
respondent has not submitted a statement of defence as referred to in
Article 24 or, in case the arbitration does not take place on the basis
of written submissions, so long as a hearing has not b